Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45498 of 2018 Applicant :- Amit Kushwaha Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharm Singh Parmar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant has been falsely implicated in this case by the informant and employer of the applicant. Infact, the applicant was demanding his arrears Rs.15,000/- from his employer. As a result of which, applicant has been falsely roped-in in this case by the informant in collusion with the police. The police after arresting the applicant has planted false recovery from the possession of the applicant. The co-accused - Rajendra Kori who has been involved in the alleged act of loot has already been admitted to bail by this Court vide order dated 20.11.2018 in Criminal Misc. Bail Application No.44401 of 2018, copy whereof has been produced by learned counsel for the applicant, the same is taken on record. The applicant has no previous criminal antecedents and is languishing in jail since 23.6.2018. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant- Amit Kushwaha involved in Case Crime No. 107 of 2018, under Sections - 394, 411, 120B I.P.C., Police Station - Kurara, District - Hamirpur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 28.11.2018/S Rawat